[HISTORY: Adopted by the Borough Council of the Borough of
Columbia 7-22-2013 by Ord. No. 829. Amendments noted where applicable.]
This chapter shall be known as the "Pawnbrokers, Antique and
Second-Hand Dealers Ordinance of the Borough of Columbia."
A.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
words in the singular number include the plural number, and words
of the masculine gender shall include the feminine. The word "shall"
is always mandatory and not merely directory.
B.
ANTIQUE DEALER or SECONDHAND DEALER
BOROUGH
BUSINESS
COUNCIL
LICENSE OFFICER
LICENSE or LICENSEE
PAWNBROKER
(1)
(2)
(3)
PERSON
PLEDGE
PLEDGOR
POLICE
PREMISES
SECONDHAND ARTICLES OR GOODS
(1)
(2)
(3)
(4)
(5)
(6)
As used in this chapter, the following words shall have meanings
indicated:
Any person who either wholly or in part engages in or operates
the trade or business of buying and/or selling used goods or secondhand
goods such as antiques, precious stones, metals, jewelry, any tools,
any electrical devices, fixtures, appliances, household goods, firearms
and bric-a-brac. The foregoing enumeration of articles, goods and
properties shall not be deemed to be exclusive or all-inclusive.
The Borough of Columbia, Lancaster County, Pennsylvania.
All kinds of vocations, occupations, professions, enterprises,
establishments, and all other kinds of activities and matters, together
with all devices, machines, vehicles and appurtenances used therein,
which are conducted for profit, or benefit, directly or indirectly,
on any premises in the Borough.
The Borough Council of the Borough of Columbia.
The Borough Manager, his designee(s) or such other enforcement
officers as may be appointed by the Borough Manager or Borough Council.
Includes respectively the words "permit" or "permittee" where
the holder for any use or period of time of any similar privilege,
wherever relevant to any provision of this chapter or other law or
ordinance.
Includes any person who:
Engages in the business of lending money on the deposit or pledge
of personal property other than choses in action, securities or written
evidence of indebtedness;
Purchases personal property with an expressed or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods wears or merchandise pledged, stored
or deposited as collateral security.
Individual natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, limited-liability
companies or corporations; or any officers, agents, employees, factors
or any kind of personal representatives of any of the above, in any
capacity, acting either for himself, or for any other person, under
either personal appointment or pursuant to law.
An article or articles deposited with a pawnbroker as security
for a loan in the course of his business as a pawnbroker.
The person who obtains a loan from a pawnbroker and delivers
a pledge into the possession of a pawnbroker, unless such person discloses
that he is or was acting for another, in which case a "pledgor" means
the disclosed principal.
The sworn police personnel of the Borough of Columbia.
All lands, structures, places, and also the equipment and
appurtenances connected or used therewith in any business, and also
any personal property which is either affixed to, or as otherwise
used in connection with any such business conducted on such premises.
Are any articles or goods that are purchased, salvaged or
received from any person, association, copartnership, corporation,
trust or limited-liability company. The items dealt with by an antique
dealer or a secondhand dealer shall not be deemed to include:
Judicial sales or sales or purchases by or from executors or
administrators in conjunction with the settlement of an estate;
Sales of unredeemed pledges by or on behalf of licensed pawnbrokers
in the manner prescribed by law;
Occasional or auction sales of household goods sold from private
homes;
Auctions of real estate;
The buying or selling of printed or recorded material; or
The taking in trade by a business of an item of a like kind
to items which such businesses sell as the principal or substantial
part of their business.
A.
Compliance required. No person, either directly or indirectly, shall
conduct any business or use in connection therewith any vehicle, premises,
machine or device, in whole or in part, for which a license or permit
is required by this chapter without a license or permit therefor being
first procured and kept in effect at all such times as required by
this chapter or other law or ordinance of the Borough. A person conducting
any business which involves either wholly or in part a combination
of one or more of the types of business activities regulated hereunder
shall be required to obtain a separate license for each type of business
conducted and shall comply with all requirements and regulations for
each type of business; provided, however, that such person shall pay
only one license fee, which shall be the fee to the business having
the highest fee.
B.
Agents responsible for obtaining license. The agents or other representatives
of nonresidence who are doing business in the Borough shall be personally
responsible for the compliance with this chapter of their principals
and of the businesses they represent.
A.
Issue licenses. The License Officer shall collect all license fees
imposed hereunder and shall issue licenses in the name of the Borough
to all persons qualified under the provision of this chapter and shall:
(1)
Make rules. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this chapter.
(2)
Adopt forms. Adopt all forms and prescribe the information to be
given therein.
(3)
Require affidavits. Require applicants to submit all affidavits and
notes necessary to the administration of the provisions of this chapter.
(4)
Obtain endorsement. Submit all applications, in a proper case, to
appropriate Borough officials for their endorsements thereon as to
compliance by the applicant with all Borough regulations which they
have the duty of enforcing.
(5)
Investigate. Investigate and determine the eligibility of any applicant
for a license.
(6)
Examine records. Examine the books and records related to information
required to be kept or maintained by this chapter of any applicant
or licensee when reasonably necessary to the administration and enforcement
of this chapter.
(7)
Give notice. Notify any applicant of the acceptance or rejection
of his application and shall, upon refusal of any license or permit,
at the applicant's request, state in writing the reasons therefor
and deliver them to the applicant.
(8)
Enforcement powers. Take all action necessary to carry out the provisions
of this chapter, including but not limited to institution of summary
criminal proceedings, filing civil or equitable actions, revocation
of licenses and any other appropriate legal action.
B.
Information confidential. The License Officer, to the extent permitted
by Pennsylvania law, shall keep all information furnished or secured
under the authority of this chapter in strict confidence, excepting
names and addresses of licensees. Except as otherwise provided by
Pennsylvania law, such information shall not be subject to public
inspection and shall be kept so that the contents thereof shall not
become known except to the person who is charged with the administration
of this chapter.
The general standards herein set forth relative to the qualifications
of every applicant for a Borough license under this chapter shall
be applied by the License Officer.
A.
Good moral character. Each shall be of good moral character. In making
such determination, the License Officer shall consider only:
B.
No obligations to the Borough. Each applicant shall be in default
under the provisions of this chapter if indebted or obligated in any
manner to the Borough except for current taxes.
C.
Compliance with building and zoning laws. The applicant shall certify
to his knowledge that he is not in violation of the building or zoning
laws of the Borough.
A.
Formal application required. Every person required to procure a license
under the provisions of this chapter shall submit an application to
the License Officer which shall:
(1)
Be a written statement upon forms provided by the License Officer;
such forms shall include a sworn affidavit that the information furnished
is true and correct. Furnishing false certifications or false or intentionally
misleading information shall be grounds for denial or revocation of
the license or other legal action hereunder by the License Officer.
(2)
Require the disclosure of all information necessary for compliance with § 158-5 of this chapter and of any other information which the License Officer finds to be reasonably necessary for the fair administration of this chapter.
(3)
Be accompanied by the full amount of the fee chargeable for such
license.
B.
Issuance of receipts. Whenever a license cannot be issued at the
time the application for the same is made, the License Officer shall
issue a receipt to the applicant for the money paid in advance subject
to the condition that such receipt should not be construed as the
approval of the License Officer for the issuance of a license; nor
shall it entitle or authorize the applicant to open or maintain any
business contrary to provisions of this chapter.
C.
Duplicate license procedure. A duplicate license shall be issued
by the License Officer to replace any license previously issued, which
has been lost, stolen, defaced or destroyed without any willful conduct
on the part of the licensee, upon the filing by the licensee of an
affidavit sworn to before a notary public of this state attesting
to such fact and the paying to the License Officer of a fee of $5.
This fee may be changed from time to time by resolution of Council.
D.
Issuance of license. If the License Officer is satisfied that the
applicant has met all requirements of this chapter, the license shall
be issued to the applicant. If the License Officer determines that
the requirements of this chapter have not been met, he shall disapprove
the application and refund all fees paid in advance from which disapproval
the applicant shall have the right to appeal to Council in the manner
hereinafter provided.
License fees shall be in the amounts established hereafter as
may be modified from time to time by resolution of Council.
A.
Adjustment of fee. The License Officer shall require an increase
in fee when the status of a licensee changes to place him in a classification
imposing such increase in fee.
B.
Rebate of fee. No rebate or refund of any license fee or part thereof
shall be made for any reason except if such license fee was collected
through an error.
Each license issued hereunder shall state upon its face:
A.
The name of the licensee and any other name under which such business
is to be conducted.
B.
The kind and address of each business so licensed.
C.
The amount of license fee therefor.
D.
The dates of issuance and expiration thereof.
E.
Such other information as the License Officer shall determine.
A.
General standards of conduct. Every licensee under this chapter shall:
(1)
Permit inspection. Permit all reasonable inspections of his business
and examinations of his books containing information required to be
kept or maintained by this chapter by public authorities so authorized
by law.
(2)
Comply with governing law. Ascertain and at all times comply with
all laws and regulations applicable to such licensed business.
(3)
Operate properly. Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
(4)
Cease business. Refrain from operating the licensed business on premises
after expiration of the license and during any period the license
is revoked or suspended.
B.
Display of license. Every licensee under this chapter shall:
(1)
Premises. Post and maintain such license upon the licensed premises
in a place where it may be seen at all times.
(2)
Inoperative licenses. Not allow any license or insignia to remain
posted, displayed or used after the period for which it was issued
has expired or when it has been suspended or revoked or for any reason
becomes ineffective. The licensee shall promptly return such inoperative
license to the License Officer.
(3)
Unlawful possession. Not loan, sell, give or assign to any other
person or allow any other person to use or display or to destroy,
damage, or remove or to have in its possession except as authorized
by the License Officer or by law, any license which has been issued
to such licensee.
C.
New location desired. A licensee shall have the right to change location
of the licensed business, provided, that he shall:
D.
Records kept. Keep all records and books to provide the information
required by this chapter and necessary for the enforcement of this
chapter.
A licensee shall not transfer his license to another person.
A.
Council shall hear all appeals from the decision of the License Officer
disapproving an application for a license. The Borough Council may,
upon recommendation of the License Officer, refuse to renew, suspend
or revoke a license of any applicant or licensee based upon one or
more of the following reasons:
(1)
The practice of any fraud, deceit, or misrepresentation or furnishing
false information in obtaining or attempting to obtain a license.
(2)
The practice of fraud, deceit, misrepresentation or furnishing false
information in the course of carrying on the licensed business.
(3)
The conviction of any of the enumerated crimes set forth in sections
of this chapter for the particular business license involved.
(4)
Violation of or noncompliance with the provisions of this chapter
or orders of the License Officer issued under the authority of this
chapter.
(5)
Loaning, borrowing or using the license of another, or of knowingly
aiding or abetting in any way the granting of improper licenses.
(6)
The doing of any act or engaging in any contact in the course of
the business which demonstrates incompetency, bad faith or dishonesty
or substantially adversely affects the health, safety or general welfare
of the public.
B.
Before Council acts upon any recommendation of the License Officer
refusing to renew, suspending or revoking any license, the License
Officer shall notify the applicant or licensee of the charges against
him and shall afford the applicant or licensee ample opportunity to
be heard thereon in person or by Council. The notice shall be in writing
and be served by certified mail, addressed to the applicant or licensee
at the address appearing in the application for the license or on
the issued license and shall notify the applicant or licensee of his
right to a hearing before Council. The applicant or licensee shall
have a period of 30 days from the date of service of the notice, which
shall be the date of the mailing, to request a hearing before the
Council, which hearing shall, if requested, be fixed upon not less
than 10 days written notice to the applicant or licensee. If no hearing
before the Council is requested, it shall be conclusively presumed
that the applicant or licensee concurs in the recommendation of the
License Officer and the Council shall take the action recommended
by the License Officer without necessity for any further proceedings.
In addition to its duty to take any action upon the recommendation
of the License Officer in refusing, suspending or revoking any license,
Council shall hear all appeals from persons aggrieved by any decision
or order of the License Officer, except the decision to file summary
enforcement proceedings with the Magisterial District Judge, when
it is alleged that the decision or order complained of is not authorized
by this chapter or directs a method of compliance which imposes an
unreasonable burden upon the licensee without good cause. In such
cases, Council shall have the authority, in a proper case, to change,
modify or rescind any decision or order of the License Officer or
to extend the time for compliance. All appeals to Council from decisions
or orders of the License Officer shall be filed with the License Officer
within 10 days of the date of the decision or order complained of.
The appeal shall be in writing, shall specify the grounds therefor
and the relief requested and shall be accompanied by an appeal fee
of $50, which fee may be changed from time to time by resolution of
Council. Upon receipt of an appeal, a hearing shall be held upon not
less than 10 days written notice to the licensee.
A.
Inspections. The following persons are authorized to conduct inspections
in the manner prescribed herein:
(1)
License Officer. The License Officer shall make all investigations
reasonably necessary to the enforcement of this chapter.
(2)
Officials having duties. The License Officer shall have the authority
to order the inspection of licensees, their businesses and premises
by the police and all Borough officials having duties to perform with
reference to such licensees or businesses.
B.
Authority of inspectors. All inspectors shall have the authority
to enter premises of any provision of this chapter. The License Officer
shall, when acting within the scope of his employment, hereunder have
the powers of a police officer of the Borough; provided, however,
that under no circumstances shall the License Officer have the power
of arrest. Persons inspecting licenses, their businesses or premises,
as herein authorized shall report all violations of this chapter or
other laws or ordinances to the License Officer and shall submit such
other reports as the License Officer shall order.
C.
Enforcement duties of License Officer.
(1)
When the License Officer determines that there exists any violation
of this chapter, he shall, at his option:
(a)
Issue and serve upon the violator a notice of violation, which
notice shall be in writing, shall specify the violation and shall
contain an order directing correction of the violation within a specified
time to be not less than 10 days from the date of the notice. Any
person aggrieved by such notice shall have the right to appeal as
set forth in this chapter.
(b)
Institute and prosecute summary enforcement proceedings before
a Magisterial District Judge; and/or
(c)
Initiate before Council in the manner specified above proceedings
to suspend or revoke the license of the violator.
(2)
The License Officer shall be authorized to take any or all of the
above enforcement actions in any given case as are deemed necessary
in his opinion for proper administration and enforcement of this chapter,
and his right to take any particular enforcement action shall not
be limited by reason of the fact that he has also taken a different
action in the same case.
Where a person allows another person who has not procured a
license to use his premises for an activity requiring a license under
this chapter, such person who allows his premises to be used shall
be held liable for any applicable fees required herein and shall be
deemed in violation of the provisions hereof.
A.
License required. No person shall use, exercise or carry on the trade
or business of a pawnbroker within the Borough without first obtaining
a license from the License Officer. A pawnbroker's license term
is from October 1 to September 30 of each year.
B.
Records. Each pawnbroker shall keep a book legibly written in the
English language in which shall be recorded:
(1)
A full and accurate description of all articles purchased or left
in pawn with him.
(2)
The date and time of pledging, pawning or purchasing the same.
(3)
The date and time which such pawned or pledged article is to be redeemed.
(4)
The amount of money lender paid therefor.
(5)
The description of the person or persons, including such person's
name, age and address making a pledge.
C.
Report to police. All pawnbrokers shall, before 12:00 noon of every
Monday report to the Bureau of Police a description of all articles
so received in the course of their pawnbroking business during the
business week immediately previous, together with the number of ticket
or tickets and description of the person or persons making such sale,
including such person's name, age and address. Forms for this
purpose shall be provided by the Bureau of Police.
D.
Information to be given to pledgor. Every pawnbroker shall, at the
time of making or receiving any article in pawn, deliver to the pledgor
a memorandum signed by him containing:
E.
Forbidden transactions. A pawnbroker shall not accept a pledge from
a person under the age of 18 years nor from any intoxicated person
or any known thieves.
F.
Conviction of certain crimes. If any pawnbroker is convicted of robbery,
burglary, theft or receiving stolen goods or any other crime involving
the unlawful obtaining of personal property, Council shall, after
notice and hearing, revoke his license.
G.
Fee. The fee for the issuance of a pawnbroker's license shall
be $25, which fee may be changed from time to time by resolution of
Council.
A.
License required.
(1)
Except as provided in Subsection A(2) hereof, no person shall engage in the business of being an antique or secondhand dealer without procuring a license from the License Officer. An antique or secondhand dealer's license term is from October 1 to September 30 of each year.
(2)
No person shall be required to obtain a license under this subsection who engages in isolated or occasional purchases or sales of those items detailed in the definition of antique dealers or secondhand articles or goods set forth in § 158-2 hereof, provided that such person maintains no place of business within the Borough, engages in no promotion or advertising and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
(3)
Notwithstanding any provisions herein contained, no person engaged
in a business licensed or regulated hereunder shall be required to
comply with any provisions of this chapter in order to participate
in an organized antique or art show or exhibit.
B.
Records. Each antique or secondhand dealer shall keep a book legibly
written in the English language at the time of acquiring articles
in the course of business, which book shall give:
(1)
An accurate description, including brand names, model number, serial
number, inscribed initials, dates, names and any other forms of identification,
of the article purchased, salvaged or received; and
(2)
The name, age, description, address, of person selling, transferring
or trading in the same.
C.
Reports to police. Every antique or secondhand dealer shall furnish the information specified in Subsection B above by 12:00 noon Monday for the previous week to the Bureau of Police. The Bureau of Police shall furnish forms for this purpose. The report shall not include:
(1)
Names
and investors of collectors personally known to the dealer. (Where
this exclusion is claimed, the report shall contain the legend: "Known
Investor" or "Known Collector");
(2)
Any
information on transactions by a person seeking a trade-in or allowance
on goods or items originally sold by the dealer to the person seeking
such trade-in or allowance;
(3)
Any
information on transactions involving a trade-in on a like item; or
(4)
Information
regarding dealer-to-dealer transactions.
E.
Retention of purchased articles.
(1)
No antique or secondhand dealer shall sell or dispose of in any way any of the following secondhand articles or goods: antiques, precious stones, jewelry, watches, gold, platinum, silver or other precious metals, or any of similar articles or things, until seven days have elapsed after the purchase of the same or until 48 hours from the time of furnishing to the police a form containing the information on such articles as required by Subsection C hereof.
(2)
It shall be an affirmative defense to any prosecution or administrative
proceeding brought for a violation of this subsection that, in the
case of precious metals, retention for the time period required would
have resulted in serious and substantial economic losses to the dealer,
or the possibility of such losses was significant due to rapid and
highly fluctuating market conditions, provided that the person so
charged shall prove the existence of the market conditions giving
rise to the aforesaid defense by a preponderance of the evidence.
Market conditions, in order to be a defense hereunder, shall be such
that financial analyst would characterize trading as at or approaching
a level or occurrence in an atmosphere of panic so as to clearly distinguish
trading conditions from normal variations in market movement in response
to economic news or other events.
F.
Forbidden transactions. No antique or secondhand dealer shall purchase
any article from any person under the age of 18 or from any intoxicated
person or from a known thief or thieves.
G.
Conviction of certain crimes. If any antique or secondhand dealer
shall be convicted of robbery, burglary, theft, receiving stolen goods
or any other crime involving the unlawful obtaining of personal property,
Council shall, after notice and hearing, revoke his license.
H.
Fee. The fee for issuance of an antique or secondhand dealer's
license shall be $25, which fee may be modified from time to time
by resolution of Council.
All existing businesses required to be licensed hereunder shall
apply for a license within three months from the passage of this chapter,
and all such applicants shall be charged a fee applicable to their
license which license shall thereafter be renewed in accordance with
this chapter upon payment of the specified fee and fulfillment of
all other requirements hereunder.
Any person who violates any provision of this chapter or any final order of the License Officer or Council issued pursuant to authority of this chapter shall, upon conviction thereof in a summary proceeding, be fined not less than $50 nor more than $600, shall pay the cost of prosecution or, in default of payment, undergo imprisonment for not more than 30 days. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in § 158-2 above.